Direct democracy in Baden-Württemberg

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Baden-Württemberg was the first federal state that in 1956 introduced regulations for the implementation of referendums and referendums in the municipal code. The possibilities of perception of instruments of direct democracy in Baden-Wuerttemberg are made on the state level and the level of the community .

Direct democracy at the state level

Schematic representation of the path to a successful referendum in Baden-Württemberg

Popular motion

The referendum addresses the state parliament and, in addition to legal regulations, can also include a general subject. If the quorum of 0.5 percent of the eligible voters is reached within one year, the state parliament must deal with it. If the referendum has a law as its subject matter and the state parliament rejects this law, the legal confidants of the referendum can apply for a referendum within three months according to Art. 59 Para.

Referendum

Referendums and referendums are laid down in Articles 59 and 60 of the state constitution.

In order to submit a referendum in Baden-Württemberg, an elaborated and reasoned draft law must be the basis. The regulation in the state constitution works with a so-called negative catalog , i. H. Certain issues such as the state budget, taxes and salary laws may not be the subject of a referendum. In order to be able to submit the referendum, 0.5 percent of those eligible to vote must sign as supporters, which is currently around 40,000 signatures. The application for approval of a referendum must be submitted to the State Ministry of the Interior.

The popular initiative institute is used more frequently in Baden-Württemberg than in some other federal states.

Referendum

The referendum can be based on a bill introduced by a referendum that the Landtag does not want to approve unchanged. However, it can also be demanded by the quorum of a third of the members of the state parliament if a bill introduced by the government has been rejected. The same majority can resolve this for a law passed by the state parliament if the government requests this before promulgation.

A referendum requires an approval quorum of 20 percent of those entitled to vote, i. H. Participation in the vote must at least meet this quorum, otherwise the vote will not be successful for these reasons alone. The law envisaged by the referendum is adopted if the majority of the votes cast is achieved. Before the change in the law in spring 2014, a majority of a third of those eligible to vote was required (approx. 2.5 million). This hurdle was lowered on November 6, 2013 to a fifth of the eligible voters and a simple majority of the votes cast.

Several direct democratic votes have taken place in Baden-Württemberg since 1950, some of which were initiated on the basis of Article 118 of the Basic Law :

  • 1950: Referendum on the restructuring of the south-western region (Württemberg-Baden, Baden, Württemberg-Hohenzollern)
  • 1951: Referendum on the reorganization of the south-west of Germany (Württemberg-Baden, Baden, Württemberg-Hohenzollern)
  • 1956, 1970: referendum and referendum in Baden (Baden)
  • 1971: Referendum and referendum on the dissolution of the 5th state parliament of Baden-Württemberg (Baden-Württemberg)

Direct democracy at the local level

Resident application

The resident application (before December 1st, 2015 citizen application), the electorate of a municipality can request the treatment of a certain matter (e.g. the maintenance of the swimming pool) by the municipality council. The application must be made in writing. If it is directed against a resolution of the municipal council, it must be submitted within three months of the announcement. He has to show a certain quorum of signatures, which is based on the number of inhabitants of the municipality and must, according to § 20b of the municipal code for Baden-Württemberg, be represented by up to three confidants.

The application for a residents 'assembly or a residents' application can only be signed by residents who have reached the age of 16 and have lived in the municipality for at least three months (Section 41 Local Election Act for Baden-Württemberg).

The local council checks the formal requirements and then deals with the matter within three months in a meeting or a decision-making committee. In this meeting, the shop stewards of the resident application are also heard.

If the application is rejected by the municipal council, every legitimate signatory according to Section 41 (2) of the Local Election Act for Baden-Württemberg, the right to bring action for rescission and obligation. The decision of the municipal council therefore has the effect of an administrative act .

Citizens' petitions and referendums

Citizens' petitions and referendums are regulated in Section 21 of the Municipal Code for Baden-Württemberg.

On issues that are within the decision-making area of ​​the respective municipality, citizens can vote themselves on their own initiative or on the initiative of the municipality council with a so-called referendum. If this is to be done on the initiative of the citizens, a public petition is required first.

The requirements for a permissible referendum in Baden-Württemberg are as follows:

  • No exception to the so-called negative catalog in Section 21 (2) of the municipal code for Baden-Württemberg.
  • A signature quorum of ten percent of the eligible citizens within the municipality and a maximum of 20,000.
  • The referendum may only deal with a subject on which a referendum has not already taken place within the last three years.
  • If the referendum is directed against a municipal council resolution, it must be submitted within three months of the resolution.
  • The referendum must contain a cost recovery proposal.
  • Up to three confidants must be named.

The respective municipal council decides on the admissibility. If this is admissible, the referendum must be carried out within four months. If the admissibility is denied, the confidential counselors can initiate an electoral review procedure for the referendum in accordance with Section 41 (3) i. V. m. Sections 29 et seq. Of the Municipal Election Act for Baden-Württemberg are introduced, the rules of which correspond to those for mayor elections. Accordingly, the decision of the municipal council has the effect of an administrative act .

The referendum can acc. Section 41 (3) of the Local Election Act for Baden-Württemberg can be combined with other elections (e.g. federal parliamentary elections) on the same day. In other federal states, such as Rhineland-Palatinate, this is subject to the approval of the local authority due to the possibility of influencing the will of the voters.

The referendum is successful if, on the one hand, the majority of the votes cast has answered the question in the affirmative and if a so-called voting quorum of 20 percent of those entitled to vote has been achieved. It may well be that the majority of the votes cast was achieved, but the number of votes cast reached the required voting quorum of 20 percent. Accordingly, the referendum would also be rejected because of insufficient participation.

The referendum has the effect of a municipal council resolution and can only be changed by a new referendum after a further three years .

As in other federal states, Baden-Württemberg has no regulations for referendums and referendums at the district level.

Web links

Individual evidence

  1. ^ GemO Baden-Württemberg v. July 25, 1957, Journal of Laws p. 129.
  2. ↑ Main Part 2 - Section IV - Legislation (Art. 58 - 64 Constitution of the State of Baden-Württemberg)
  3. ↑ Example of a referendum on species protection .
  4. ↑ § 21 of the municipal code for Baden-Württemberg